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Applicant: General Public in New EnglandEffective Date: TBD

Expiration Date: TBD + 5 years

Department of the Army

New England General Permits

With Rhode Island States of Connecticut, Maine, Massachusetts,

New Hampshire, Rhode Island and VermontSupplement

The New England District of the U.S. Army Corps of Engineers (Corps) hereby issues a General Permit (GP), also known as the New England General Permits (NE GPs or GPs) for activities subject to Corps jurisdiction in waters of the U.S. within the boundaries of and off the coasts of the six New England States that have no more than minimal adverse effects on the aquatic environment. These GPs also cover activities occurring, and within the boundaries of Indian tribal lands. Certain Indian lands are considered sovereign nations and are therefore acknowledged separately from the states for purposes of these GPs. These GPs are issued in accordance with Corps regulations at 33 CFR 320 - 332 [see 33 CFR 325.5(c)(1)]. The goals of these GPs are to reduce administrative burden and encourage consistency in wetlands and waterway regulation throughout New England, while maintaining a high level of environmental protection.

The NE GPs will protect the aquatic environment and the public interest while effectively authorizing activities that have no more than minimal individual and cumulative effects on the aquatic environment.

This GP contains the following sections:Page

I.General Criteria1

II.Jurisdiction/Authorities to Issue Permits2

III.Eligible Activities4

IV.General Conditions22

V.Content of Application39

VI.Definitions and Acronyms42

VII.Self-Verification Notification Form50

VIII.SHPO/THPO Notification Form52

IX.State-Specific Supplement53

1. Connecticut

2. Maine

3. Massachusetts

4. New Hampshire

5. Rhode Island

6. Vermont

NE GP1/2/14 DRAFT

1

New England GP, Section II10/23/12 DRAFT

I.GENERAL CRITERIA

Activities may still qualify for NE GP authorization regardless of whether or notif they are not regulated by the state. Prospective permittees should:

1. Read Section II to determine if the activity requires Corps authorization.

2. Read Sections III, IV and VIIIIX to determine if the activity may be eligible for authorization under the GP, specifically whether it is eligible for self-verification (SV) or whether preconstruction notification (PCN) is required.

How to Obtain/Apply for Authorization

1.Self-Verification: Self-Verification Notification Form (SVNF) required for projects in CT (non-tidal waters only), MA, ME, RI (non-tidal waters only) and VT (see GC 30). The SVNF is not required for work in CT’s tidal waters, NH or RI’s tidal waters.

Self-verified aActivities that are eligible for self-verification are authorized byunder the NE GPs and may commence without written verification from the Corps after provided the prospective permittee has:

a. Confirmed that the activity will be conducted in compliance with all of this GP’smeet the terms and conditions of applicable GPs. Consultation with the Corps and/or outside relevant Federal and state agencies may be necessary to ensure compliance with this GP’sthe applicable general conditions (Section IV and Section IX, Part A) and related Federal laws such as the National Historic Preservation Act [see General Condition (GC) 6], the Endangered Species Act (see GC 8) and the Wild and Scenic Rivers Act (see GC 9). Prospective permittees are encouraged to contact the Corps with SV eligibility questions. Activities not meeting the SV criteria must submit a Pre-Construction Notification (PCN) to the Corps.

b. Submitted the Self-Verification Notification FormSVNF (Section VII) to the Corps for projects in CT (non-tidal waters only), MA, ME and VT (see GC 30). This form is not required in NH, RI and tidal waters in CT.

2.Pre-Construction Notification (PCN): Application and written verification required

For activities that do not qualify for SV or where otherwise required by the terms of the GPs, the permittee must submit a PCN and obtain written verification before starting work in Corps jurisdiction. Refer to the state-specific procedures in Section IX, Part B for information, including appropriate forms, content, and on whether PCNs are submitted to the Corps or the state.

a. The Corps will coordinate review of all activities requiring PCN with Federal and state agencies and Federally recognized tribes, as appropriate. To be eligible and subsequently authorized, an activity must result in no more than minimal individual and cumulative adverse effects on the aquatic environment as determined by the Corps in coordination with the interagency review team and the criteria listed within these GPs. This may require project modifications involving avoidance, minimization, or compensatory mitigation for unavoidable impacts to ensure that the net adverse effects of a project are no more than minimal.

b. Emergency Situations: Contact the Corps and the state (see Section IX, Part C) in the event of an emergency situation for information on the application and approval process. Emergency situations are limited to sudden, unexpected occurrences that could potentially result in an unacceptable hazard to life, a significant loss of property, or an immediate, unforeseen, and significant economic hardship if corrective action requiring a permit is not undertaken within a time period less than the normal time needed to process an application under standard procedures. Emergency work is subject to the same terms and conditions of this GP as non-emergency work, and similarly, must qualify for authorization under the GP; otherwise an Individual Permit (IP) is required (see below). The Corps will work with all applicable agencies to expedite verification according to established procedures in emergency situations.

52

2

NE GP, Section I5/21/14 DRAFT

Projects that do not qualify forare not authorized by these GPs require an IP (33 CFR 325.5) and proponents must submit an application directly to the Corps. These GPs do not affect the Corps IP review process or activities exempt from Corps regulation. For general information and application form, see the Corps website or contact the Corps (see Section IX, Part C). Individual Water Quality Certification (WQC) and Coastal Zone Management (CZM) consistency concurrence are required when applicable from the state before Corps IP issuance. The Corps encourages applicants to concurrently apply for a Corps IP and applicable state permits.

Notwithstanding compliance with the terms and conditions of these GPs, the Corps retains discretionary authority on a case-by-case basis to elevate a self-verification to PCN or IP, or a PCN to public notice review for an IP based on concerns for the aquatic environment or for any other factor of the public interest [33 CFR 320.4(a)]. Whenever the Corps notifies an applicant that ana PCN or public notice for an IP is required, authorization under this GP is voided unless reinstated by the Corps in writing and no work may be conducted until the Corps issues the required authorization in writing indicating that work may proceed.

II.JURISDICTION/AUTHORITIES TO ISSUE PERMITS

1. The following regulated activities require authorization under the Corps Regulatory Program:

a. The construction of any structure in, over or under any navigable water of the United States (U.S.) [footnoteRef:1], the excavating or dredging from or depositing of material in such waters, or the accomplishment of any other work affecting the course, location, condition, or capacity of such waters. The Corps regulates these activities under Section 10 of the Rivers and Harbors Act of 1899. See 33 CFR 322; [1: Defined in Section VI, Definitions and at 33 CFR 328.]

b. The discharge of dredged or fill material and discharges associated with excavation into waters of the U.S. The Corps regulates these activities under Section 404 of the Clean Water Act (CWA). See 33 CFR 323; and

c. The transportation of dredged material for the purpose of disposal in the ocean. The Corps regulates these activities under Section 103 of the Marine Protection, Research and Sanctuaries Act.

See 33 CFR 324.

2.Related laws:

33 CFR 320.3 includes a list of related laws, including: Section 401 of the Clean Water ActCWA, Section 402 of the Clean Water Act CWA, Section 307(c) of the Coastal Zone Management (CZM) Act of 1972, The National Historic Preservation Act of 1966, the Endangered Species Act, the Fish and Wildlife Act of 1956, the Marine Mammal Protection Act of 1972, and Section 7(a) of the Wild and Scenic Rivers Act.

III.ELIGIBLE ACTIVITIES

Activities NE GPs 1 - 322 below authorize certain activities are authorized under this GP provided that the activity and the permittee satisfy all of this GP’s terms and conditionsprovided that the activities meet the terms and conditions of the applicable NE GPs , including theand state-specific requirements in Section IX.

The following area thresholds limits apply when a) there is a discharge of dredged or fill material or a dischargeloss of waters of U.S., associated with excavation into waters of the U.S., and b) referenced in when referenced in Activities 1 - 32.

This GP does not authorize the loss of waters of the U.S. (only losses of waters of the U.S. are factored into the area threshold calculation) that exceed the following area thresholds GPs 6, 8-14, 16, 17, 19, 20 and 22. The area limits do not apply to GPs 1-5, 7, 15,18 and 21. Unless otherwise stated (e.g., temporary construction mats in GP 14), the total temporary and permanent impact[footnoteRef:2] area is used to determine if a single and complete project is eligible for SV or requires a PCN. The total permanent impact area is used to determine whether a single and complete project exceeds the PCN limits and requires an IP. [2: Permanent impacts means waters of the U.S. that are permanently affected by filling, flooding, excavation, or drainage because of the regulated activity. Permanent impacts include permanent discharges of dredged or fill material that change an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a waterbody. Temporary impacts include waters of the U.S. that are temporarily filled, flooded, excavated, drained or mechanically cleared because of the regulated activity. Impacts resulting from activities eligible for exemptions under Section 404(f) of the CWA are not considered when calculating the impact area.]

Area ThresholdsLimits

Resource

State

PCN Thresholds

GP Thresholds

Non-tidal waters of the U.S.

CT, MA, RI & VTa

>5,000 SF

>1 acre

ME

>15,000 SF

>3 acres

NH

>3,000 SF

>3 acres

VTb

all impacts require PCN

>1 acre

Tidal waters of the U.S.

CT, ME, MA, NH & RI


>1/2 acre

SASc in tidal waters of the U.S.

CT, MA, NH & RI


>1000 SF

SASc in tidal waters of the U.S. excluding vegetated shallows

ME


>1/10 acre

SASc in tidal waters of the U.S. consisting of vegetated shallows only

ME


>1000 SF

Resource

State

SV Thresholds Limits (SV Eligible)

PCN ThresholdsLimits

(PCN Required)

IP Limits GP Thresholds

(IP Required)

Non-tidal waters of the U.S.

CT, MA, RI & VTa

0 to 5,000 SF

>5,000 SF to 1 acre

>1 acre

ME

0 to 15,000 SF

>15,000 SF to 3 acres

>3 acres

NH

0 to 3,000 SF

>3,000 SF to 3 acres

>3 acres

VTb

not eligible

all impacts discharges require PCN

>1 acre

Tidal waters of the U.S.

CT, ME, MA, NH & RI

not eligible

all discharges impacts require PCN

>1/2 acre

SASc in tidal waters of the U.S.

CT, MA, NH & RI

not eligible


>1000 SF

SASc in tidal waters of the U.S. excluding vegetated shallows

ME

not eligible


>1/10 acre

SASc in tidal waters of the U.S. consisting of vegetated shallows only

ME

not eligible


>1000 SF

a Non-tidal waters of the U.S. in VT except for those located in a) Lake Champlain, Lake Memphremagog and Wallace Pond and their adjacent wetlands; or b) those located in Athens, Brookline, Chester, Dummerston, Grafton, Newfane, Putney, Rockingham, Springfield, Townshend or Westminster.

b Non-tidal waters of the U.S. in VT that are located in a) Lake Champlain, Lake Memphremagog and Wallace Pond and their adjacent wetlands; or b) located in Athens, Brookline, Chester, Dummerston, Grafton, Newfane, Putney, Rockingham, Springfield, Townshend or Westminster.

c Special Aquatic Sites (SAS) are listed in Section VI and consist of inland and saltmarsh wetlands, mud flats, vegetated shallows, sanctuaries and refuges, coral reefs, and riffle and pool complexes. These are defined at 40 CFR 230 Subpart E.

ActivitiesNew England General Permits

The following activities are eligible for authorization under this GP.

1. Repair, Replacement and Maintenance of Authorized Structures and Fills

2. Moorings

3. Pile-Supported Structures, Floats and Lifts

4. Aids to Navigation, and Temporary Recreational Structures

5. Structures in Navigable WatersDredging, and Associated DisposalDisposal of Dredged Material; and Discharges Associated with Excavation, and Beach Nourishment

6. Discharges of Dredged or Fill Material Incidental to the Construction of Bridges and Structural Discharges

7. Bank Stabilization

8. Residential, Commercial and Institutional Developments, and Recreational Facilities

9. Commercial and Institutional Developments

10. Utility Line Activities

11. Linear Transportation Projects Including Stream Crossings

12. Mining Activities

13. Boat Ramps and Marine Railways

14. Recreational Facilities

15. Land and Water-Based Renewable Energy Generation Facilities and Hydropower Projects

16.

17. Water-Based Renewable Energy Generation Projects

18. Hydropower Projects

19. Structural Discharges

20. Temporary Construction, Access, and Dewatering

21. Stormwater Management Facilities

22. Discharges in Ditches

23. Reshaping Existing Drainage Ditches

24. Oil Spill and Hazardous Material Cleanup

25. Cleanup of Hazardous and Toxic Waste

26. Scientific Measurement Devices

27. Survey Activities

28. Agricultural Activities

29. Cranberry Production Activities

30. Aquaculture Activities

31. Fish and Wildlife Harvesting, Enhancement and Attraction Devices and Activities

32. Habitat Restoration, Establishment and Enhancement Activities

5

NE GP, Section III5/21/14 DRAFT

GP 1. Repair, Replacement and Maintenance of Authorized Structures and Fills (Sections 10 and 404; tidal and non-tidal waters of the U.S.)

Eligible for authorization under Activity 1 in tidal and non-tidal waters of the U.S. are:

1. TThe repair, rehabilitation, or replacement of any previously authorized, currently serviceable[footnoteRef:3], structure, or fill, or of any currently serviceable structure or fill authorized by 33 CFR 330.3 provided that the structure or fill is not to be put to uses differing from those uses specified in the original permit or the most recently authorized modification.[footnoteRef:4] Minor deviations in the structure's configuration or filled area, including those due to changes in materials, construction techniques, requirements of other regulatory agencies, or current construction codes or safety standards that are necessary to make the repair, rehabilitation, or replacement are also eligible, provided the adverse environmental effects resulting from such repair, rehabilitation, or replacement are minimal. Any stream channel modification is limited to the minimum necessary for the repair, rehabilitation, or replacement of the structure or fill; such modifications, including the removal of material from the stream channel, must be immediately adjacent to the project or within the boundaries of the structure or fill. Also eligible is the repair, rehabilitation, or replacement of those structures or fills destroyed or damaged by storms, floods, fire or other discrete events, provided the repair, rehabilitation, or replacement is commenced, or is under contract to commence, within two years of the date of their destruction or damage. Existing conditions are those that existed on previously serviceable structures or fill immediately prior to the event. In cases of catastrophic events, such as hurricanes or tornadoes, this the two-year limit may be waived in writing by the Corps, provided the permittee can demonstrate funding, contract, or other similar delays. [3: Currently serviceable is defined as useable as is or with some maintenance, but not so degraded as to essentially require reconstruction.] [4: This authorizes the repair, rehabilitation, or replacement of any previously authorized structure or fill that does not qualify for the CWA Section 404(f) exemption for maintenance. See 33 CFR 323.4(a)(2).]

2.To the extent that a Corps permit is required, removal of accumulated sediments and debris in the vicinity of existing structures (e.g., bridges, culverted road crossings, water intake structures, etc.) and/or the placement of new or additional riprap to protect the structure.

Self-Verification Eligible

PCN Required

Not authorized under GP 1

/IP Required

1. In 2 above, a) tThe removal of accumulated sediments and debris in the vicinity of existing structures (limited to bridges, culverted road crossings and water intake structures), provided a) removal is the minimum necessary to restore the waterway in the vicinity of the structure to the approximate dimensions that existed when the structure was built; b) any removal extends no farther than 200 50 feet in any direction from the structure; c) all dredged or excavated materials are deposited and retained in an upland area; d) the placement of new or additional riprap is the minimum necessary to protect the structure or to ensure the safety of the structure; or e) any bank stabilization measures are directly associated with the structure.and

2. No expansion or new discharges of dredged or fill material (i.e., outside of the authorized footprint); and

3. Modifications to existing crossings (e.g., culverts, elliptical or arch pipes, etc.) that do not decrease the diameter of the crossing or change the friction coefficient, such as through sliplining (retrofitting an existing culvert by inserting a smaller diameter pipe), culvert relining or invert lining. GC19 is particularly relevant; and

4. Any sloped bank stabilization structure or fill that does not extend further waterward than the existing toe of slope.

5. Any vertical bank stabilization structure or fill that does not extend further waterward of the existing vertical structure.

6. Dam and flood control or levee repair, rehabilitation, or replacement, to the extent that a Corps permit is required, that does not involve:

a. No cChange in the flood elevation or permanent water surface elevation of the impoundment; and

b. Drawdown of impoundment for construction exceedingdoes not exceed one growing season.

7. The discharge of de minimis (i.e., inconsequential) quantities of accumulated bottom sediment occur from or through a dam into downstream waters[footnoteRef:5]; and [5: See Corps Regulatory Guidance Letter No. 05-04 for more information. ]

8. No discharges into SAS other than non-tidal wetlands do not occur, unless previously authorized.

1. In 2 above, a) tThe removal of accumulated sediments and debris in the vicinity of existing structures does not meet the requirements of #1 in the SV column; or

2. Expansions or new discharges of dredged or fill material (i.e., outside of the authorized footprint), including the creation of new berms; or

3. Modifying existing crossings (e.g., culverts, elliptical or arch pipes, etc.) by decreasing the diameter of the crossing or changing the friction coefficient, such as through sliplining (retrofitting an existing culvert by inserting a smaller diameter pipe), culvert relining or invert lining. These are not considered minor deviations. GC19 is particularly relevant; or

4. Any sloped bank stabilization structure or fill extends >18 inches further waterward than the existing toe of slope. The new toe of slope shall be as close as practicable to the existing toe of slope. Work extending beyond these limits is not considered maintenance and may be eligible for authorization under Activity 8;

5. Any vertical bank stabilization structure or fill extends >18 inches further waterward of the existing vertical structure. The new structure shall be as close as practicable to the existing toe of slopestructure. Work extending beyond these limits is not considered maintenance and may be eligible for authorization under Activity 8;

6. Dam and flood control or levee repair, rehabilitation, or replacement, to the extent that a Corps permit is required, involves:

a. Change in the flood elevation or permanent water surface elevation of the impoundment; or

b. Drawdown of impoundment for construction exceeding one growing season; or

7. The discharge of more than de minimis (i.e., inconsequential) quantities of accumulated bottom sediment occur from or through a dam into downstream waters5; or

8. Discharges into SAS other than non-tidal wetlands that were not occur, unless previously authorized.

1. For 1a in the , any dredged or excavated materials are not deposited and retained in an upland area

2. Any new discharges of dredged or fill material (unless specified in 2 above), including the creation of new berms;New discharges of dredged or fill material that involve the creationi of new berms.

3. Maintenance dredging for the primary purpose of navigation;

4. Beach nourishment; or

5. New stream channelization or stream relocation projects (e.g., those in response to storm or flood events); or

2. Stream crossings replacements (see GP 10).

Note:

1. Applicants are encouraged to contact the Corps with questions on whether or not an activity qualifies for GP 1.

GP 2. Moorings (Section 10; navigable waters of the U.S.)

MEligible for authorization under Activity 2 in tidal and non-tidal navigable waters of the U.S. are new private moorings; new moorings associated with an authorized boating facility; the relocation of authorized moorings; mooring fields; a single new mooring that is classified as a boating facilityand expansions, boundary reconfigurations or modifications of existing authorized mooring fields; new mooring fields that are not classified as or associated with a boating facility; and the relocation of authorized moorings.


PCN Required

Not authorized under GP 2/IP Required

1. Single-point Mmoorings authorized by the a local harbormaster/town (local harbormaster/town authorization does not apply in VT) when applicable; and

2. Single-point moorings. To prevent interference with navigation, existing, authorized single-point moorings that convert to non-single-point moorings may be eligible for self-verification provided low impact mooring technology is used;

3. New or relocated, single-point moorings are not located in tidal SAS; and

4. Existing, authorized, single-point moorings (i.e., bottom contacting anchors, chains or tackle) in tidal SAS are replaced or upgraded and use low impact mooring technology[footnoteRef:6]. [6: Low impact mooring technology eliminates or minimizes contact with the bottom substrate at all tides. This consists of helical anchors instead of traditional anchors (e.g., concrete block) and floating/buoyant tackle (e.g., elastic) instead of chains that drag on the bottom and impact SAS and the substrate. The PCN review process could determine that a traditional anchor with floating/buoyant tackle may be used if substrate conditions make helical anchors impractical.]

1. Two ore more moorings not eligible for self-verification and do not require an Individual Permit.

2. New mMoorings not authorized by the a local harbormaster/town when applicable. Lack of local oversight requires a PCN. (local harbormaster/ town authorization This does not apply in VT) or Mmoorings other than single-point moorings (e.g., double-point moorings, spread mooring arrangements, etc.); or

3. New or relocated moorings are located in tidal SAS. See Note 3 belowApplicants must consider the avoidance and minimization sequence in the notes below and submit that justification to the Corps along with the PCN. (tidal waters only); or

4. Existing, authorized moorings with (i.e., bottom contacting anchors, chains or tackle) in tidal SAS are replaced or upgraded and do not use low impact mooring technology6 (s Applicants must consider the avoidance and minimization sequence in the notes below and submit that justification to the Corps along with the PCNee Note 3 below); or. (tidal waters only).

5. New mooring fields; not classified as or associated with a boating facility;

6. Eor expansions, boundary reconfigurations or modifications of existing, authorized mooring fields; or

7. An eExisting authorized boating facilities withy has: a) existing moorings that are relocated to an unauthorized area that was not previously authorized, or b) new moorings, including those that extend into a Federal Anchorage; or

8. Moorings or town mooring fields in a Federal anchorage.

1. Moorings or mooring fields classified as or associated with a new boating facility[footnoteRef:7].; or [7: Boating facilities provide, rent or sell mooring or docking space, such as marinas, yacht clubs, boat yards, dockominiums, town facilities, land/home owners associations, etc. Not classified as boating facilities are piers shared between two abutting properties or town moorings or mooring fields that charge an equitable user fee based on the actual costs incurred.]

2. New mooring fields classified as a boating facility.

3. Moorings in a Federal anchorage that are classified as a boating facility.

4. Moorings in a Federal channel.Mooring fields classified as or associated with a boating facility.

Notes:

1. GCs 7(c) and 10 areis particularly relevant.

2. The TOY restrictions in GC 18 do not apply to GP 2 unless specified in a written determination.

3. GC 18 is particularly relevant. This states that there is no TOY restriction for GP 2 provided certain requirements are met.

4. Applicants must consider the following aAvoidance and minimization sequence and submit that justification to the Corps along with the PCN: a) avoid SAS, b) helical anchor with floating/buoyant tackle, c) non-helical anchor (e.g., block, mushroom, etc.) with floating/buoyant tackle. See Footnote 46.

GP 3. Pile-Supported Structures, Floats and Lifts (Section 10; tidal and non-tidal navigable waters of the U.S.)

Eligible for authorization under Activity 3 in tidal and non-tidal navigable waters of the U.S. are:

a. New, expansions[footnoteRef:8], reconfigurations or modifications of private: a) piles or pile-supported structures (hereinafter referred to as “structures”) for navigational access; b) floats; and c) boat and float lifts (hereinafter referred to as “lifts”); and [8: Expansions are defined as work that increases the footprint of structures or floats or slip capacity.]

b. New, expansions, reconfigurations, reconfiguration zones, or modifications of structures, floats and lifts that provide public, community or government recreational uses such as boating, fishing, swimming, access, etc.; and

c. Expansions, reconfigurations, reconfiguration zones, or modifications of existing, authorized boating facilities7.


PCN Required


1. No new or expanded private structures, floats or lifts, including floatways/skidways (seasonal and permanent). (ME only).

2.

3. The original purpose of the structure or facility changes (i.e. a private pier to a boating facility).Structures, including associated portions (e.g., benches, decks), are ≤<4 feet in total width. (tidal waters only); and

4. Structures have >1:1 height/width ratio.[footnoteRef:9] (tidal waters only); and [9: The height of structures shall at all points be equal to or exceed the width of the deck. For the purpose of this definition, height shall be measured from the marsh substrate to the bottom of the longitudinal support.]

5. Floats are <200 SF in area. (tidal waters only); and

6. Structures and floats are <500 SF combined. (non-tidal navigable waters only); and

7. Floats are >18 inches above the substrate at any time. Note: To be eligible for self-verificationSV (not including ME work in ME is not eligible for SV as stated in 1 above), skids may only be used in areas where piles are not feasible and only on sandy or hard bottom substrates. (tidal waters only); and

8. Structures, floats, their moored vessels, or lifts are located >25 feet from areas that have been mapped or that currently contain vegetated shallows. (tidal waters only); and

9. Floats, vessels moored at structures or floats, or lifts are not located over SAS. (tidal waters only); and

10. Structures, floats or lifts extend <75 feet waterward from MHW, or from ordinary high water (OHW) in non-tidal navigable waters; and

11. Structures, floats or lifts extend <25% of the waterway width at mean low water (MLW) or OHW. See www.nae.usace.army.mil/missions/regulatory >> Forms and Publications >> Structure Placement in Navigable Waterways; and

12. Construction activities related to structures, floats or lifts extend <25% of the waterway width at OHW or MLW or the construction occurs during the TOY work window restriction specified in GC 18. The purpose is to avoid impeding fish migration; and

13. Structures, floats or lifts are located >25 feet from property lines. The Corps may require a letter of no objection from the abutter(s).; and

14. The original purpose of the structure or facility changes (i.e. a private pier to a boating facility).

1. New or expanded private structures, floats or lifts, including floatways/skidways (seasonal and permanent). (ME only) Note: Designing projects in accordance with 2 - 12 in the Self-Verification Eligible column is required in the other five states as applicable, but recommended in Maine to ensure an efficient Corps review; or

2. Structures, floats and lifts that are not eligible for self-verification and do not require an Individual Permit; or

3. Expansions, reconfigurations, reconfiguration zones, or modifications at any authorized boating facility; or

4. New, expansions, reconfigurations, reconfiguration zones, or modifications of structures, floats or lifts that provide public, community or government recreational uses such as boating, fishing, swimming, access, etcExpansions, reconfigurations or modifications at authorized private facilities that would necessitate a PCN as specified in 5-15 below.

5. New or expanded private structures, floats or lifts, including floatways/skidways (seasonal and permanent). (ME only) Note that designing projects in accordance with 1 - 11 in the Self-Verification Eligible column is required in the other five states as applicable, but recommended in Maine to ensure an efficient Corps review;.

1. New boating facilities8, including any change that converts a private structure, float or lift to a boating facility; or

2. Structures, floats or ancillary portions of structures or floats over tidal waters for the purpose of activities usually associated

with land, including but not limited to benches, decks, sunbathing and picnicking.

Notes:

1. GCs 7(c) and 10 are is particularly relevant.

2. The TOY restrictions in GC 18 do not apply to GP 3 unless specified above, in the particularly relevant pile-driving requirements in GC 12, or in a written determination.GC 18 is particularly relevant. This states that there is no TOY restriction for GP 3 except as specified above and provided certain requirements are met, one of which are the pile-driving requirements of GC 12.

3. The term pile-supported also refers to wheel-supported structures.

GP 4. Aids to Navigation and Temporary Recreational Structures (Section 10; navigable waters of the U.S.)

aEligible for authorization under Activity 4 in tidal and non-tidal navigable waters of the U.S. are: 1. Aids to navigation and regulatory markers that are approved by and installed in accordance with the requirements of the U.S. Coast Guard (USCG). (See 33 CFR 66, Chapter I, subchapter C); and

band 2. Temporary buoys, markers, and similar structures placed for recreational use during specific events such as water skiing competitions and boat races or seasonal use.


PCN Required


1. Temporary buoys, markers and similar structures placed for recreational use during specific events are removed within 30 days after event or, if placed during winter events on frozen ice, are not removed before spring thaw.

1. Temporary buoys, markers and similar structures placed for recreational use during specific events are not removed within 30 days after event or, if placed during winter events on frozen ice, are not removed before spring thaw.

Note:

1. GCs 7(d) and 18 are particularly relevant. This states that there is no TOY restriction for GP 4 provided certain requirements are metThe TOY restrictions in GC 18 do not apply to this activity unless specified in a written determination.

Activity 5. Structures in Navigable Waters (Section 10)

Eligible for authorization under Activity 5 are permanent and seasonal structures that are located in, over or under tidal and non-tidal navigable waters of the U.S. that are not eligible for authorization in this GP’s other activities.


PCN Required

Not authorized/IP Required

No work is eligible for self-verification.

All structures eligible for authorization under this activity.

Notes:

1.For any activity that involves the construction of a wind energy generating structure, solar tower, or overhead utility line, the Corps will provide a copy of the application and any written verification to the Department of Defense Siting Clearinghouse11, which will evaluate potential effects on military activities.

GP 5. Dredging (Section 10; navigable waters of the U.S.), and Associated Disposal of Dredged Material (Sections 404 &103; tidal and non-tidal waters of the U.S.); and Discharges Associated with Excavation (Section 404), and Beach Nourishment (10 & 404; tidal and non-tidal waters of the U.S.)

Eligible for authorization under Activity 6 in tidal and non-tidal navigable waters of the U.S. are nNew dredging and maintenance dredging. This includes, including:

a. RDisposal of dredged material at an upland site. The return water from an upland contained dredged material disposal area is authorized where the quality of the return water is controlled by the state through the Section 401 WQC procedures; and

b. Disposal of dredged material at a confined aquatic disposal site, beach nourishment site, or designated open water or ocean water disposal site, provided the Corps finds the dredged material to be suitable for such disposal; and

c. Discharges associated with excavation.

d. Beach nourishmentnot associated with dredging.


PCN Required


1. No new dredging;

2. Maintenance dredging with:

a. Non-uUpland disposal; and

b. Dredge area <≤½ acre; and

c. No impacts to SAS or intertidal areas; and

d. No area or volume of material. (VT only) in VT;

3. The primary purpose of the dredging is navigation (e.g., not sand mining);

4. Disposal does not involve beach nourishment, open water, ocean, or confined aquatic disposal;

5. Dredging or disposal does not occur within 100 feet of vegetated shallows or shellfish beds;

6. Dredging does not occur in areas considered occupied by Atlantic salmon (see GC 8); or

7. Dredging does not occur in shortnose sturgeon wintering areas shown at www.nero.noaa.gov/prot_res/shortnosesturgeon/dpsmaps.html. (ME only) [NOTE: SITE UNDER CONSTRUCTION]; and

8. Discharges associated with excavation that do not exceed the PCN thresholds on page 4 and do not occur in SAS other than wetlands.

1. New dredging:

a. ≤½ acre in CT or VT; ≤25,000 cubic yards (CY) in ME or RI; ≤1/2 acre or 10,000 CY in MA; or ≤20,000 SF in NH; or

b. ≤1000 SF of impacts to SAS, or ≤1000 SF of impacts to intertidal areas (see Note 2 below); (CT, ME, MA, NH & RI only); or

2. Maintenance dredging with:

a. Non-upland disposal; or

b. Dredge area >½ acre; or

c. ≤½ acre of Any impacts to SAS or intertidal areas in CT, ME, MA, NH & RI; or

d. Any area or volume of materialDredge area ≤½ acre in VT. (VT only); or

3. The primary purpose of the dredging is not navigation (e.g., sand mining); or

4. Disposal involves beach nourishment, open water, ocean, or confined aquatic disposal; or

5. Dredging or disposal occurs within 100 feet of vegetated shallows or shellfish beds; or

6. Dredging in areas considered occupied by Atlantic salmon (see GC 8); or

7. Dredging in areas outside those considered occupied by Atlantic salmon but within shortnose sturgeon wintering areas shown at www.nero.noaa.gov/prot_res/shortnosesturgeon/dpsmaps.html. (ME only) [NOTE: SITE UNDER CONSTRUCTION].

1. This activity does not authorize:

2. For nNew dredging that does not meet the PCN requirements; or

c. dredging from an area >1 acre >25,000 cubic yards (CY) in CT, ME or RI; >1/2 acre or 10,000 CY in MA; or >20,000 SF in NH; or

d. >1000 SF of impacts to SAS, or >1000 SF of impacts to intertidal areas (see note 2 below) (CT, ME, MA, NH & RI only);

2. For mMaintenance dredging with:

a. , dredging >½ acre of impacts to SAS or or>½ acre of impacts to intertidal areas in CT, ME, MA, NH & RI only); or

b. Dredge area >½ acre in VT; or

3. New or maintenance dredging >1/2 acre, or dDisposal of dredged material at an open water or confined aquatic disposal site in VT. (VT only).

4.Discharges associated with excavation that exceed the GP thresholds on page 4.

Notes:

1. See Section VI for the definitions of new and maintenance dredging. The Corps may review a maintenance dredging activity as new dredging if sufficient time has elapsed to allow for the colonization of SAS, shellfish, etc.

2. The mitigation requirements in GC 4(d) are particularly relevant for impacts to tidal SAS or intertidal areas.

3. GCs 8 and 17(f) are particularly relevant for beach nourishment. GC 10(c) does not apply to dredging.

GP 6. Discharges of Dredged or Fill Material Incidental to the Construction of Bridges (Section 404; tidal and non-tidal waters of the U.S.)

Eligible for authorization under Activity 7 are Ddischarges of dredged or fill material incidental to the construction and modification of bridges across tidal and non-tidal navigable waters of the U.S., including cofferdams, abutments, foundation seals, piers, and temporary construction and access fills provided that the U.S. Coast Guard (USCG)USCG authorizes the construction of the bridge structure under Section 9 of the Rivers and Harbors Act of 1899 or other applicable laws. A USCG Authorization Act Exemption or a STURRA (144h) exemption do not constitute USCG authorization.


PCN Required


1. All discharges of dredged or fill material incidental to the construction of bridgeswork eligible for authorization under this activity,

1. Causeways and approach fills. These may be eligible for authorization under GP 10.

GP 7. Bank Stabilization (Sections 10 &404, tidal and non-tidal waters of the U.S.)

Eligible for authorization under Activity 8 in tidal and non-tidal waters of the U.S. are bBank stabilization activities necessary for erosion protection along the banks of lakes, ponds, streams, estuarine and ocean waters, and any other open waters. Shoreline stabilization activities (e.g., breakwaters, groins, jetties) in tidal and non-tidal waters are not authorized under this GP.


PCN Required


1. The bank disturbance is:

a. ≤100 feet in total length on each side of the stream(100 feet combined length for both sides of a stream), andor

b. ≤1 cubic yard of fill per linear foot average along the bank waterward of the plane of OHW or high tide line (HTL); and

2. The slope of the structure is more gradual than 1V:3H in lakes and ponds; and 1V:1H in non-tidal streams and tidal waters and streams; and

3. The activity does not occur in SAS other than a) non-tidal wetlands or b) non-tidal vegetated shallows; and

4. Replacement of any sloped structure or fill does not extend further waterward of the existing toe of slope; and

5. Replacement of any vertical structure or fill does not extend further waterward of existing vertical structure; and

6. The activity does not occur in a) Rivers of Concern or b) Lake Champlain, Lake Memphremagog or Wallace Pond. (VT only)

1. The bank disturbance is:

a. >100 feet in total length (100 feet combined length for both sides of a stream)on each side of the stream, or

b. >1 cubic yard of fill per linear foot average along the bank waterward of the plane of OHW or high tide line (HTL); or

2. The slope of the structure is steeper than 1V:3H in lakes and ponds; and 1V:1H in non-tidal streams and tidal waters and streams; or

3. The activity occurs in SAS other than a) non-tidal wetlands or b) non-tidal vegetated shallows; or

4. Replacement of any sloped structure or fill extends >18 inches waterward of the existing toe of slope. The new toe of slope shall be as close as practicable to the existing toe of slope; or

5. Replacement of any vertical structure or fill extends >18 inches waterward of existing vertical structure. The new structure shall be as close as practicable to the existing structure; or

6. The activity occurs in a) Rivers of Concern or b) Lake Champlain, Lake Memphremagog or Wallace Pond (VT only).

1. The activity is >500 feet in total length alongon each side of the bank (500 feet combined length for both sides of a stream) unless the Corps waives this criterion by making a written determination concluding that the discharge will result in no more than minimal adverse effects; or

2. Activities are not designed to minimize impacts to aquatic resources, including wetland vegetation, diversion of overland flow, and impacts on and scour of neighboring properties;[footnoteRef:10] or [10: Materials such as angular stone, subangular stone or fiber roll revetments are effective at dissipating wave energy. Vertical walls/bulkheads should only be used in situations where reflected wave energy can be tolerated. This generally eliminates waterbodies where the reflected wave energy may interfere with or impact on harbors, marinas, or other developed shore areas. A revetment is sloped and typically absorbs the direct impact of waves more effectively than a vertical seawall. It typically has a less adverse effect on the beach in front of it, abutting properties and wildlife. For more information, see the Corps Coastal Engineering Manual, located at http://chl.erdc.usace.army.mil. Select “Products/ Services” and then “Publications.” Part 5, Chapter 7-8, a(2)c is particularly relevant.]

3. Material is placed in excess of the minimum needed for erosion protection; or

4. Material is of a type, or is placed in any location, or in any manner, that will impair surface water flow into or out of any waters of the U.S.; or

5. Material is placed in a manner that will be eroded by normal or expected high flows (properly anchored trees and treetops may be used in low energy areas) or

6. The activity is a stream channelization or relocation activity.

7. Shoreline stabilization activities in tidal and non-tidal waters.

Notes:

1. See GP 1 for the replacement of existing, currently serviceable structures.

2. Bank stabilization structures should be designed to minimize environmental effects, effects to neighboring properties, etc. to the maximum extent practicable. This means using the appropriate, least intrusive method to stabilize the bank following this sequential minimization process: avoidance, diversion of overland flow, vegetative stabilization, stone-sloped surfaces, and walls. Vertical walls/bulkheads must only be used in situations where reflected wave energy can be tolerated. This generally eliminates bodies of water where the reflected wave energy may interfere with or impact on harbors, marinas, or other developed shore areas.

3. See the state-specific supplements for INSERT STATES HERE (Section IX, Part A) for information on state protections for banks and fluvial geomorphic processes.

GP 8. Residential, Commercial and Institutional Developments (Sections 10 &404, non-tidal waters of the U.S.); Recreational Facilities (Section 404, non-tidal waters of the U.S).

Eligible for authorization under Activity 9 in tidal waters and non-tidal waters of the U.S. are dDischarges of dredged or fill material for the construction or expansion of a)a single residence, a multiple unit residential development, or a residential subdivision residences and residential subdivisions; b) residential, commercial and institutional building foundations and building pads; and c) recreational facilities. This GP authorizes the construction of building foundations and building pads and attendant features that are necessary for the use of the residence or residential development. Attendant features may include, but are not limited to, such as parking lots, garages, yards, and septic systems, and infrastructure. Examples of commercial developments include retail stores, industrial facilities, restaurants, business parks, and shopping centers. Examples of institutional developments include schools, fire stations, government office buildings, judicial buildings, public works buildings, libraries, hospitals, and places of worship. Examples of recreational facilities include playing fields (e.g., football fields, baseball fields), basketball courts, tennis courts, hiking trails, bike paths, golf courses, ski areas, horse paths, nature centers, and campgrounds. Associated utilities and roads and recreational facilities are eligible for authorization under Activities 11, 12 and 159 and 10 respectively. This includes the aggregate total impact area for subdivisions and associated individual lots.


PCN Required


1. Impacts do not exceed the PCN thresholdsmeet the SV limits on page 4; and

2. The activity does not occur in tidal or non-tidal navigable waters of the U.S.; and

3. Stream channelization, relocation or loss of stream bed including impoundments does not occur.

4. Components of a stormwater treatment system do not occur in tidal or non-tidal waters of the U.S.

5. Components of a subsurface sewerage disposal system do not occur in tidal or non-tidal waters of the U.S except for non-porous, septic effluent pipes that transmit effluent to or between components.

1. Impacts meet the PCN limitsexceed the PCN thresholds on page 4; or

2. The activity occurs in tidal or non-tidal navigable waters of the U.S.; or

3. Stream channelization, relocation or loss of stream bed including impoundments occurs.

4. Components of a stormwater treatment system occur in tidal or non-tidal waters of the U.S.

5. Components of a subsurface sewerage disposal system occur in tidal or non-tidal waters of the U.S. This does not apply to non-porous, septic effluent pipes that transmit effluent to or between components, however the associated impacts for these pipes count towards the PCN limits on page 4.

1. Impacts exceed the GP thresholdsrequire an IP as stated on page 4.

Note:

1. Impacts include the aggregate total impact area for subdivisions and associated individual lots.

GP 9. Utility Line Activities[footnoteRef:11] (Sections 10 and 404; tidal and non-tidal waters of the U.S.) [11: A utility line is defined as any pipe or pipeline for the transportation of any gaseous, liquid, liquescent, or slurry substance, for any purpose, and any cable, line, or wire for the transmission for any purpose of electrical energy, telephone, data, and telegraph messages, and radio and television communication. The term utility line does not include activities that drain a water of the U.S., such as drainage tile or French drains, but it does apply to pipes conveying drainage from another area.]

Eligible for authorization under Activity 11 are the activities listed in (a) - (c) below. Access roads are eligible for authorization under GP 10.

For a(1), b(1) and c(1) below, and any other associated activities (e.g., Activity 16), if the total impact area for all single and complete projects requires a PCN, then a PCN is required for the overall project. The PCN must describe the locations of the starting point, end point, and all proposed impacts to aquatic resources in between in order to assess the cumulative effects of the overall project.


PCN Required


(a) The construction, maintenance, or repair of utility lines, including outfall and intake structures, and the associated excavation, backfill, or bedding for the utility lines in tidal and non-tidal waters of the U.S.

1. Impacts for the overall project do not exceed the PCN thresholdsmeet the SV limits on page 4; and

2. The activity does not involve mechanized land clearing in a forested wetland for the utility line right-of-way;

3. The activity does not occur in, over or under tidal or non-tidal navigable waters of the U.S.; and

4. Intake structures that are. D dry hydrants used exclusively for firefighting activities with no stream impoundments; and

5. There is no permanent change in pre-construction contours in waters of the U.S.; and

6. Material resulting from trench excavation is temporarily sidecast into waters of the U.S. for ≤3 months orand is placed in such a manner that it is not dispersed by currents or other forces; and

7. The utility line is placed within and does not a) run parallel to, or b) along aa stream bed and it runs within and not parallel to it; and

8. Overhead utility lines are not constructed over tidal and non-tidal navigable waters or utility lines are not routed in or under tidal and non-tidal navigable waters; and

9. Stream channelization, relocation or loss of stream bed including impoundments does not occur; and

10. There is no discharge in SAS other than wetlands.

1. Impacts for the overall project exceed the lower PCN limit exceed the PCN thresholds on page 4. The overall project may exceed the PCN limit on page 4 and still be eligible under GP 9 (will not require an IP) provided no single and complete project requires an IP; or

2. The activity involves mechanized land clearing in a forested wetland for the utility line right-of-way; or

3. The activity occurs in, over or under tidal or non-tidal navigable waters of the U.S.; or

4. Intake structure other than dry hydrants used exclusively for firefighting activities with no stream impoundments; or

5. There is a permanent change in pre-construction contours in waters of the U.S.; or

6. Material resulting from trench excavation is temporarily sidecast into waters of the U.S. for >3 months or is placed in such a manner that it is dispersed by currents or other forces; or

7. The utility line is placed within a stream and runs it runs within and parallel to or along a stream bed it; or

8. Overhead utility lines are constructed over tidal and non-tidal navigable waters or utility lines are routed in or under tidal and non-tidal navigable waters; or

9. Stream channelization, relocation or loss of stream bed including impoundments occurs; or

10. There is a discharge in SAS other than wetlands.

1. Impacts The overall project will require an IP if any single and complete project requires an IP as stated exceed the GP thresholds on page 4.

See notes below.


PCN Required


(b) The construction, maintenance, or expansion of utility line substation facilities associated with a power line or utility line in non-tidal waters of the U.S.

1. Impacts for the overall project do not exceed the PCN thresholdsmeet the SV limits on page 4; and


1. Impacts for the overall project meet the PCN limits exceed the PCN thresholds stated on page 4; or



See notes below.


PCN Required


(c) The construction or maintenance of foundations for overhead utility line towers, poles, and anchors in tidal and non-tidal waters of the U.S. provided the foundations are the minimum size necessary and separate footings for each tower leg (rather than a larger single pad) are used where feasible.

1. Impacts for the overall project meet the SV limits do not exceed the PCN thresholds stated on page 4.

1. Impacts for the overall project meet the PCN limits exceed the PCN thresholds stated on page 4.


Notes for (a) - (c) above:

1. Where the proposed utility line is temporarily or permanently constructed or installed in tidal or non-tidal navigable waters of the U.S. (i.e., Section 10 waters), the Corps will send the application and any written verification to the National Oceanic and Atmospheric Administration (NOAA), and National Ocean Service for charting the utility line to protect navigation. Permittees should refer to the special conditions in the Corps written verification for requirements.

2.For overhead utility lines authorized by this GP, the Corps will send the application and any written verification to the Department of Defense Siting Clearinghouse[footnoteRef:12], which will evaluate potential effects on military activities. [12: Via hard copy: Department of Defense Clearinghouse, Attn: Mr. Marshal Williams and Mr. David Blalock, 101 Marietta St, NW, Suite 3120, Atlanta, GA GP 30303; or via e-mail: [email protected] and [email protected].]

3.GC 13 and 17(f) are particularly relevant.

4. Impacts resulting from mechanized pushing, dragging, or other similar activities that redeposit excavated soil material shall be figured into the area limit determination on page 4.

GP 10. Linear Transportation Projects including Stream Crossings (Sections 10 and 404; tidal and non-tidal waters of the U.S.)

Eligible for authorization under Activity 12 in tidal and non-tidal waters of the U.S. are Aactivities required for the construction, expansion, modification, or improvement of linear transportation projects (e.g., roads, highways, railways, trails, airport runways, and taxiways) and attendant features. Any stream channel modification is limited to the minimum necessary to construct or protect the linear transportation project; such modifications must be in the immediate vicinity of the project. For the construction of access roads for the construction and maintenance of utility lines, including overhead power lines and utility line substations, the minimization requirement in GC 4 is particularly relevant and access roads shall be constructed as near as possible to pre-construction contours and elevations (e.g., at grade corduroy roads or geotextile/gravel roads). Access roads constructed above pre-construction contours and elevations in waters of the U.S. must be properly bridged or culverted to maintain surface flows.


PCN Required


1. Impacts for the overall project meet the SV limits do not exceed the PCN thresholds on page 4; and

2. Stream channelization, relocation or loss of stream bed including impoundments does not occur; and

3. The activity does not occur in tidal or non-tidal navigable waters of the U.S. This includes temporary or permanent stream crossings, for which PCN review process guidelines are provided in the “Permanent Crossings in Tidal Streams” section of the Stream Crossing BMP document[footnoteRef:13]; and [13: www.nae.usace.army.mil/missions/regulatory.aspx >> New England General Permit >> Permit Resources.]

4. Permanent stream crossings [new crossings, replacement crossings and expansions of existing crossings (e.g., culvert extensions)] in non-tidal streams do not comply with the “Permanent Crossings in Non-Tidal Streams” section of the Stream Crossing BMP document13 or and are not constructed in dry conditions [GC 17(f) is particularly relevant]; and

5. Temporary stream crossings in non-tidal streams do not comply with the “Temporary Crossings in Non-Tidal Streams” section of the Stream Crossing BMP document14; and

6. Existing crossings (e.g., culverts, elliptical or arch pipes, etc.) are not modified either by a) decreasing the diameter of the crossing or b) changing the friction coefficient, such as through sliplining (retrofitting an existing culvert by inserting a smaller diameter pipe), culvert relining or invert lining; and


1. Impacts for the overall project meet the PCN limits exceed the PCN thresholds on page 4. If the total impact area for all single and complete projects requires a PCN, then a PCN is required for the overall project. This includes other associated activities (e.g., GP 14). The PCN must describe the locations of the starting point, end point, and all proposed impacts to aquatic resources in between in order to assess the cumulative effects of the overall project; or

2. Stream channelization, relocation or loss of stream bed including impoundments occurs;

3. Temporary or permanent stream crossingsThe activity occurs occur in tidal or non-tidal navigable waters of the U.S (see note 2 below). This includes temporary or permanent stream crossings, for which PCN review process guidelines for crossings in tidal streams are provided in the “Permanent Crossings in Tidal Streams” section of the Stream Crossing BMP document13; or

4. Permanent stream crossings [new crossings, replacement crossings and expansions of existing crossings (e.g., culvert extensions)] in non-tidal streams (see note 2 below) do not comply with the “Permanent Crossings in Non-Tidal Streams” section of the Stream Crossing BMP document14 or are not constructed in dry conditions [GC 17(f) is particularly relevant]; or

5. Temporary stream crossings in non-tidal streams do not comply with the “Temporary Crossings in Non-Tidal Streams” section of the Stream Crossing BMP document14; or

6. Existing crossings (e.g., culverts, elliptical or arch pipes, etc.) are modified either by a) decreasing the diameter of the crossing or b) changing the friction coefficient, such as through sliplining (retrofitting an existing culvert by inserting a smaller diameter pipe), culvert relining or invert lining; or


1. Impacts require an IP as stated exceed the GP thresholds on page 4; or

2. Non-linear features commonly associated with transportation projects, such as vehicle maintenance or storage buildings, parking lots, train stations, or aircraft hangars.

Notes:

1. Some discharges for the construction of farm roads or forest roads, or temporary roads for moving mining equipment, may qualify for an exemption under Section 404(f) of the CWA (see 33 CFR 323.4).

2. Discharges of dredged or fill material incidental to the construction of bridges across tidal and non-tidal navigable waters may be authorized under GP 6.

3. a) GC 1 is particularly relevant. The states’ stream crossing requirements may be more stringent than the Corps requirements. The states’ standards are located at: www.nae.usace.army.mil/Missions/Regulatory.aspx >> Stream and River Continuity; b) GC 19 is particularly relevant.

GP 11. Mining Activities (Sections 10 and 404; non-tidal waters of the U.S.)

Discharges of dredged or fill material into non-tidal waters of the U.S. for mining activities, except for coal mining activities. If reclamation is required by other statutes, then a copy of the reclamation plan must be submitted with any PCN.


PCN Required


1. Impacts meet the SV limits thresholds on page 4; and



1. Impacts meet the PCN limits exceed the PCN thresholds on page 4; or




2. The activity occurs in tidal waters of the U.S.

GP 12. Boat Ramps and Marine Railways (Sections 10 and 404; tidal and non-tidal waters of the U.S.)

Eligible for authorization under Activity 14 in tidal and non-tidal waters of the U.S. are aActivities required for the construction of boat ramps and marine railways. If dredging in tidal and non-tidal navigable waters of the U.S. is necessary to provide access to the boat ramp, the dredging must be authorized by another GP 5.


PCN Required


1. Impacts meet the SV limits do not exceed the PCN thresholds on page 4; and


3. Boat ramps in non-tidal watersa:

a. Are not associated with a boating facility6 or do not provide public, community or government uses; and

b.Have a discharge into waters of the U.S. that does not exceed 50 cubic yards and do not occur in SAS other than wetlands; and

.Are <15 feet wide for the ramp and <25 feet wide for the ramp and associated base fill; and

4. d.Are not located within 25 feet of property lines. The Corps may require a letter of no objection from the abutter(s); and

1. Impacts meet the PCN limits exceed the PCN thresholds on page 4; or


3. Boat ramps in non-tidal watersare located within 25 feet of property lines. The Corps may require a letter of no objection from the abutter(s).

1. Base material other than crushed stone, gravel or other suitable and structurally stable material; or

2. Excavation beyond that limited to the area necessary for site preparation; or

3. Excavated material that is removed to an area that has waters of the U.S.

Activity : Recreational Facilities (Section 404)

Eligible for authorization under Activity in non-tidal waters of the U.S. are discharges of dredged or fill material for the construction or expansion of recreational facilities. Examples of recreational facilities that may be authorized by this activity include playing fields (e.g., football fields, baseball fields), basketball courts, tennis courts, hiking trails, bike paths, golf courses, ski areas, horse paths, nature centers, and campgrounds (excluding recreational vehicle parks). This activity also authorizes the construction or expansion of small support facilities, such as maintenance and storage buildings and stables that are directly related to the recreational activity, but it does not authorize the construction of hotels, restaurants, racetracks, stadiums, arenas, or similar facilities


PCN Required


1. Impacts do not exceed the PCN thresholds on page 4; and

2. Stream channelization, relocation or loss of stream bed does not occur.

1. Impacts in non-tidal waters exceed the PCN thresholds on page 4; or

2. Stream channelization, relocation or loss of stream bed occurs.

1. Impacts exceed the GP thresholds on page 4.

GP 13. Land and Water-Based Renewable Energy Generation Facilities (Sections 10 and 404; tidal and non-tidal waters of the U.S.), and Hydropower Projects (Section 404; tidal and non-tidal waters of the U.S.)

Structures and work in navigable waters of the U.S. and discharges of dredged or fill material into tidal and non-tidal waters of the U.S. Eligible for authorization under Activity 16 are discharges of dredged or fill material into non-tidal waters of the U.S. for the construction, expansion, or modification or removal of:

a) Land-based renewable energy production facilities, including attendant features;

b) Water-based wind or hydrokinetic renewable energy generation pilot projects and their attendant features; and

c) Discharges of dredged or fill material associated with hydropower projects: i) at existing reservoirs, where the project, including the fill, is licensed by the Federal Energy Regulatory Commission (FERC) under the Federal Power Act of 1920, as amended, or the appropriate state or local permitting agency; or ii) with a licensing exemption granted by the FERC pursuant to Section 408 of the Energy Security Act of 1980 (16 U.S.C. 2705 and 2708) and Section 30 of the Federal Power Act, as amended.

For (a) and (b) above, such facilities include water-based wind or hydrokinetic renewable energy generation projects and infrastructure to collect solar (concentrating solar power and photovoltaic), wind, biomass, or geothermal energy. Attendant features may include, but are not limited to, land-based collection and distribution facilities, control facilities, and parking lots within the land-based renewable energy generation facility. For each single and complete project in (b) above, no more than 10 generation units (e.g., wind turbines or hydrokinetic devices) are authorized in navigable waters of the U.S.


PCN Required


For land-based facilities:

1. Impacts in non-tidal watersdo not exceed the PCN thresholds meet the SV limits on page 4; and



For water-based facilities and hydropower projects:

1. No activities are eligible.

For land-based facilities:

1. Impacts in non-tidal waters meet the PCN limits exceed the PCN thresholds on page 4; or



For water-based facilities and hydropower projects:

1. All work eligible for authorization under this activity provided any discharges do not exceed the PCN limits on page 4.


Notes:

1. Utility lines constructed to transfer the energy from the land-based renewable generation or collection facility to a distribution system, regional grid, or other facility are generally considered to be linear projects and each separate and distant crossing of a waterbody is eligible for treatment as a single and complete linear project. Thosethose utility lines may be authorized by GP 9 or another Corps authorization. If the only activities associated with the construction, expansion, or modification of a land-based renewable energy generation facility that require Corps authorization are discharges of dredged or fill material into waters of the U.S. to construct, maintain, repair, and/or remove utility lines, then GP 9 shall be used if those activities meet the terms and conditions of GP 9, including any case-specific conditions imposed by the Corps.

2. For temporary or permanent projects authorized under GP 14, including any transmission lines, placed in navigable waters of the U.S. (i.e., section 10 waters) the Corps will send copies of the PCN and verification to NOAA, National Ocean Service13, for charting the generation units and associated transmission line(s) to protect navigation. Permittees should refer to the special conditions in the Corps written verification for requirements.

3. For any activity that involves the construction of a wind energy generating structure, solar tower, or overhead transmission line, the Corps will provide a copy of the PCN and verification to the Department of Defense Siting Clearinghouse12, which will evaluate potential effects on military activities.

4. Structures in an anchorage area established by the USCG must comply with the requirements in 33 CFR 322.5(l)(2). Structures may not be placed in established danger zones or restricted areas as designated in 33 CFR part 334, Federal navigation channels, shipping safety fairways or traffic separation schemes established by the U.S. Coast Guard (see 33 CFR 322.5(l)(1)), or EPA or Corps designated open water dredged material disposal areas.

Activity 17: Water-Based Renewable Energy Generation Projects (Sections 10 and 404)

Eligible for authorization under Activity 17 are structures and work in tidal and non-tidal navigable waters of the U.S. and discharges of dredged or fill material into tidal and non-tidal waters of the U.S. for the construction, expansion, modification, or removal of water-based wind or hydrokinetic renewable energy generation projects and their attendant features. Attendant features may include, but are not limited to, land-based collection and distribution facilities, control facilities and parking lots. Structures in an anchorage area established by the U.S. Coast Guard must comply with the requirements in 33 CFR 322.5(l)(2).


PCN Required


1. All work eligible for authorization under this activity.

1. Impacts exceed the GP thresholds on page 4;

2. Stream channelization, relocation or loss of stream bed occurs

3. Structures placed in established danger zones or restricted areas as designated in 33 CFR 334, Federal navigation channels, shipping safety fairways or traffic separation schemes established by the U.S. Coast Guard [see 33 CFR 322.5(l)(1)], or EPA or Corps designated open water dredged material disposal areas.

Notes:

1. Utility lines constructed to transfer the energy from the land-based collection facility to a distribution system, regional grid, or other facility are generally considered to be linear projects and each separate and distant crossing of a waterbody is eligible for treatment as a single and complete linear project. Those utility lines may be authorized by Activity 11 or another Corps authorization.

2. For projects authorized under Activity 17, including any transmission lines, placed in tidal and non-tidal navigable waters of the U.S. (i.e., section 10 waters) the Corps will send copies of the PCN and verification to the National Oceanic and Atmospheric Administration, National Ocean Service, for charting the generation units and associated transmission line(s) to protect navigation.

3. For any activity that involves the construction of a wind energy generating structure, solar tower, or overhead transmission line, a copy of the PCN and verification will be provided to the Department of Defense Siting Clearinghouse10, which will evaluate potential effects on military activities.

Activity 18: Hydropower Projects (Section 404)

Eligible for authorization under Activity 18 in tidal and non-tidal waters of the U.S. are discharges of dredged or fill material associated with hydropower projects: 1) at existing reservoirs, where the project, including the fill, is licensed by the Federal Energy Regulatory Commission (FERC) under the Federal Power Act of 1920, as amended, or the appropriate state or local permitting agency; or 2) with a licensing exemption granted by the FERC pursuant to Section 408 of the Energy Security Act of 1980 (16 U.S.C. 2705 and 2708) and Section 30 of the Federal Power Act, as amended.


PCN Required



1. Impacts exceed the GP thresholds on page 4.

Activity 15: Structural Discharges (Section 404)

Eligible for authorization under Activity 15 in tidal and non-tidal waters of the U.S. are discharges of material such as concrete, sand, rock, etc., into tightly sealed forms or cells where the material will be used as a structural member for standard pile supported structures, such as bridges, transmission line footings, and walkways, or for general navigation, such as mooring cells, including the excavation of bottom material from within the form prior to the discharge of concrete, sand, rock, etc. The structure itself may require a separate Section 10 permit if located in navigable waters of the United States.


PCN Required


1. Impacts do not exceed the PCN thresholds on page 4; and



1. Impacts exceed the PCN thresholds on page 4; or



1. Impacts exceed the GP thresholds on page 4; or

2. Filled structural members that would support buildings, building pads, homes, house pads, parking areas, storage areas and other such structures. The structure itself may require a separate Section 10 permit if located in tidal and non-tidal navigable waters of the U.S.

GP 14. Temporary Construction, Access, and Dewatering (Sections 10 and 404; tidal and non-tidal waters of the U.S.)

Eligible for authorization under Activity 20 in tidal and non-tidal waters of the U.S. are tTemporary structures, work, and discharges, including cofferdams, necessary for construction activities or access fills or dewatering of construction sites, provided that the associated primary activity is authorized by the Corps or the USCG. This activity also authorizes temporary structures, work, and discharges, including cofferdams, necessary for construction activities not otherwise subject to the Corps or USCG permit requirements. Temporary construction mats in non-tidal waters may be eligible for self-verification with any area of fill provided there are no more than minimal adverse effects on the aquatic environment.


PCN Required


1.Temporary dischargesloss of waters of the U.S. does not exceed the PCN thresholds on page 4, (except for temporary construction mats) in non-tidal waters of the U.S.:

a. Impacts meet the SV limits on page 4; except for temporary construction mats in non-tidal watersand

b. Are in place in wetlands for no portion of more than one growing period, and

c. Are in place for ≤6 months in streams or open water or ≤24 months for stream crossings that are done in accordance with the Stream Crossing BMPs; and

2.Temporary construction mats in non-tidal waters of the U.S., regardless of the area,, regardless of whether or not the area exceeds the PCN thresholds on page 4, are that:

a.not in place for more than six months; Are in place in wetlands for: i) <1 year when installed during the growing period, and ii) no portion of more than one growing period when installed outside the growing period (See Note 3 below), and

b. Are in place for ≤6 months in streams or open water; and

c. Do not involve underlying fill; and

3. Temporary structures in navigable waters are not eligible for SV; and

4.There is no discharge in SAS other than wetlands; and

5. No temporary fill, including construction mats, in tidal waters.

1.Temporary loss of waters of the U.S. exceeds the PCN thresholds on page 4,discharges (except for temporary construction mats) in non-tidal waters of the U.S.:

a. Impacts meet the PCN limits on page 4; or

except for temporary construction matsb. Are in place in wetlands for any portion of more than one growing period, or

c. Are in place for >6 months in streams or open water or >24 months for stream crossings that are done in accordance with the Stream Crossing BMP; or

as stated above; or;

2.Temporary construction mats in non-tidal waters of the U.S., regardless of the area, that:

a. Are in place in wetlands for: i) >1 year when installed during the growing period, or ii) any portion of more than one growing period when installed outside the growing period, or

b. Are in place for >6 months in streams or open water; or

c. Involve underlying fill; or

3. Temporary structures in navigable waters; or

4.There is a discharge in SAS other than wetlands; or

5. Temporary fill, including construction mats, in tidal waters.

1. The use of cofferdams to dewater wetlands or other aquatic areas to change their use; or

2. Structures or fill left in place after construction is completed.

Notes:

1.placed during a) May 1 to Oct 1 and removed before the May 1 of the following year, or b) Oct 1 to Apr 30 and removed before May 1 of the following yearThe growing period is from May 1 to Oct 1 for the purposes of this GP.

2. GCs 14 - 167 are particularly relevant.

3. See the related condition for WQC in Section IX, State-Specific Supplement, Part A.

Activity 21: Stormwater Management Facilities (Section 404)

Eligible for authorization under Activity 21 are discharges of dredged or fill material into non-tidal waters of the U.S. for the construction of stormwater management facilities, including stormwater detention basins and retention basins and other stormwater management facilities; the construction of water control structures, outfall structures and emergency spillways; and the construction of low impact development integrated management features such as bioretention facilities (e.g., rain gardens), vegetated filter strips, grassed swales, and infiltration trenches. This activity also authorizes, to the extent that a section 404 permit is required, discharges of dredged or fill material into non-tidal waters of the U.S. for the maintenance of stormwater management facilities. This activity is subject to the area thresholds on page 4 unless otherwise stated.

This activity does not authorize:

1. Discharges of dredged or fill material for the construction of new stormwater management facilities in perennial streams.

A PCN is required for:


Note:

1. Stormwater management facilities that are determined to be waste treatment systems under 33 CFR 328.3(a)(8) are not waters of the U.S., and maintenance of these waste treatment systems generally does not require a section 404 permit.

Activity 22: Discharges in Ditches (Section 404)

Eligible for authorization under Activity 22 are discharges of dredged or fill material into non-tidal ditches that are: 1) Constructed in uplands, 2) receiving water from an area determined to be a water of the U.S. prior to the construction of the ditch, 3) diverting water to an area determined to be a water of the U.S. prior to the construction of the ditch, and 4) determined to be waters of the U.S. This activity is subject to the area thresholds on page 4.

This activity does not authorize:

1. Discharges of dredged or fill material into ditches constructed in streams or other waters of the U.S., or in streams that have been relocated in uplands; or

2. Discharges of dredged or fill material that increase the capacity of the ditch and drain those areas determined to be waters of the U.S. prior to construction of the ditch.

A PCN is required when:

1. Impacts exceed the PCN thresholds on page 4.

GP 15. Reshaping Existing Drainage Ditches (Section 404; non-tidal waters of the U.S)

Eligible for authorization under Activity 23 are discharges of dredged or fill material into non-tidal waters of the U.S. Discharges to modify the cross-sectional configuration of currently serviceable drainage ditches constructed in waters of the U.S., for the purpose of improving water quality by regrading the drainage ditch with gentler slopes, which can reduce erosion, increase growth of vegetation, and increase uptake of nutrients and other substances by vegetation. Compensatory mitigation is not required because the work is designed to improve water quality.


PCN Required


1. ≤500 linear feet of drainage ditch will be reshaped.

1. More than >500 linear feet of drainage ditch will be reshaped.

1. The relocation of drainage ditches constructed in waters of the U.S.; the location of the centerline of the reshaped drainage ditch must be approximately the same as the location of the centerline of the original drainage ditch; or

2. Stream channelization or stream relocation projects; or

3. The reshaping of ditches that increases drainage capacity beyond the original as-built capacity or that expands the area drained by the ditch as originally constructed (i.e., the capacity of the ditch must be the same as originally constructed and it cannot drain additional wetlands or other waters of the U.S.).

Note:

1.GCs 14 - 16 are particularly relevant.

GP 16. Oil Spill and Hazardous Material Cleanup (Sections 10 and 404; tidal and non-tidal waters of the U.S.)

Eligible for authorization under Activity 24 in tidal and non-tidal waters of the U.S. are the following activities in (a) - (c) below. SAS should be restored in place at the same elevation.

(a) Activities conducted in response to a discharge or release of oil and hazardous substances that are subject to the National Oil and Hazardous Substances Pollution Contingency Plan (40 CFR 300) including containment, cleanup, and mitigation efforts, provided that the activities are done under either:

a.The Spill Control and Countermeasure Plan required by 40 CFR 112.3;

b. The direction or oversight of the Federal on-scene coordinator designated by 40 CFR 300;

c. Any approved existing state, regional or local contingency plan provided that the Regional Response Team (if one exists in the area) concurs with the proposed response efforts, or the Regional Response Team in MA does not object to the response effort.


PCN Required


1. Activities conducted in response to a discharge or release of oil and hazardous substances are conducted in accordance with (a) above regardless of whether impacts meet the SV limits exceed the PCN thresholds on page 4.

1. Activities conducted in response to a discharge or release of oil and hazardous substances are not conducted in accordance with (a) above and impacts meet or exceed the PCN limits exceed the PCN thresholds on page 4.

Impacts exceed the GP thresholds on page 4.

(b) Activities required for the cleanup of oil releases in waters of the U.S. from electrical equipment that are governed by EPA’s polychlorinated biphenyl (PCB) spill response regulations at 40 CFR 761. Applicable PCB cleanup is regulated under this GP 16, not GP 17.

(b) Activities required for the cleanup of oil releases in waters of the U.S. from electrical equipment that are governed by EPA’s polychlorinated biphenyl (PCB) spill response regulations at 40 CFR 761. Applicable PCB cleanup is regulated under this activity, not Activity 25.


PCN Required


1. Activities required for the cleanup of oil releases in waters of the U.S. from electrical equipment are conducted in accordance with (b) above regardless of whether impacts meet the SV limits exceed the PCN thresholds on page 4.

1. Activities required for the cleanup of oil releases in waters of the U.S. from electrical equipment are not conducted in accordance with (b) above and impacts meet or exceed the PCN limitsexceed the PCN thresholds on page 4.

Impacts exceed the GP thresholds on page 4.

(c) The use of structures and fills for spill response training exercises.


PCN Required


1. No loss of waters of the U.S.permanent impacts and no permanent structures are proposed. See GP 14 for temporary impacts.; and

2. Temporary impacts meet the SV limits does not exceed the PCN thresholds on Page 4.

1. Permanent impacts meet the PCN limits on page 4, Any loss of waters of the U.S. or permanent structures. See GP 14 for temporary impacts.; or

2. Temporary impacts meet the PCN limits on Page 4.

1. Impacts exceed require an IP as statedthe GP thresholds on page 4.

Note: Permittees have until two weeks following commencement of the activities in GP 16 (a) and (b) to submit the SVNF.

GP 17. Cleanup of Hazardous and Toxic Waste (Sections 10 and 404; tidal and non-tidal waters of the U.S.)

Eligible for authorization under Activity 25 in tidal and non-tidal waters of the U.S. are sSpecific activities to effect the containment, stabilization, or removal of hazardous or toxic waste materials, including court ordered remedial action plans or related settlements, which are performed, ordered or sponsored by a government agency with established legal or regulatory authority. SAS should be restored in place at the same elevation.


PCN Required


1. Impacts meet the SV limits do not exceed the PCN thresholds on page 4; and


3. Stream channelization, relocation or loss of stream bed does not occur; and

4. The project does not involve establishing new disposal sites or expanding existing sites used for the disposal of hazardous or toxic waste.

1. Impacts meet or exceed the PCN limits exceed the PCN thresh

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RISEP - Home - 33 CFR 320.3 includes a list of related laws ...GP... · Web viewIndirect effects may include growth inducing effects and other effects related to induced changes in